Buckham Transport Limited, a registered carrier of hazardous
waste, was recently fined $120,000 following a guilty plea to
three offences under the Environmental Protection Act
Providing false or misleading
information to a Provincial Officer;
Failing to transport waste to the
receiving facility named on manifest; and
Failing to comply with a Ministry
In July 2011, a fire broke out in a bin used to bulk together
solid hazardous wastes at Buckham's waste transfer and
processing facility. This prompted the Ministry of the Environment
and Climate Change (MOECC) to issue an order prohibiting Buckham
from bulking solid hazardous waste until its concerns had been
On or about September 7, 2011, Buckham employees violated the
order when they bulked together solid hazardous wastes consisting
of paint cans, in the hazardous solid waste mixing bin where the
fire had started in July, 2011. The waste remained in the bin until
September 12, 2011, when it was discovered by ministry staff during
Buckham also provided false information to a Provincial Officer
about its attempts to address the MOECC's concerns regarding
historic waste at the site:
Prior to this ministry staff had met with Buckham on August 12,
2011, to discuss the company's failure to comply with a
condition of its Environmental Compliance Approval (ECA) that
required the removal of historical waste from the site by August
10, 2011. Following discussions with Buckham, on August 17, 2011,
the MOECC provided an extended deadline of November 30, 2011 for
the removal of the historical waste.
On December 1, 2011, a Provincial Officer communicated with
Buckham's Regulatory Compliance Officer who confirmed that all
the historical waste had been removed from the site. This statement
was false and misleading. Starting on November 29, 2011, Buckham
loaded the historical waste onto five trailers and hauled the
trailers to various locations, including a parking lot in Ajax.
However, all of these trailers with the historical waste were
eventually returned to the Buckham site, the first returning on
November 29, 2011 and the last on December 7, 2011. Buckham did not
advise the ministry that all of the historical waste had been
returned to its site.
Lastly, the manifests Buckham used to transport the historic
waste were not correct:
The manifests for two of the trailers of the historical waste
named a facility in Quebec as the receiving facility for the waste.
The trailers were never taken to the facility in Quebec. Instead,
they were left in a parking lot in Ajax for five days, then hauled
to a facility in Kingston, and finally returned to Buckham's
site on December 7, 2011.
All three are serious offences, however fines for providing
false information can be particularly severe; the minimum fines for
a corporation for a first conviction is $25,000, and the maximum
fine is $6,000,000.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).